JUDGMENT

(Prayer: Transfer Civil Miscellaneous Appeal (Patents) filed under Sections 117(A) of the Patents Act, 1970, prays to (1) an order setting aside the impugned order dated October 08,2020 passed by the Respondents; and (2) an order granting a patent on Indian Patent Application No. 2359/CHENP/2010 in favour of the Appellant.)

1. The appellant applied for grant of a patent in respect of a system and method for listening to audio content. The said application was filed on 23.04.2010. Originally, the appellant made 20 claims. The First Examination Report (FER) was issued on 11.08.2016. In the FER, objections were raised. The objections were responded to on 10.02.2017. In order to meet the objections, the appellant amended the claims and submitted 11 amended claims for consideration. Pursuant to a hearing notice dated 13.08.2020, the appellant was heard and the impugned order of refusal was issued on 08.10.2020.

2. Learned counsel for the appellant opened her submissions by pointing out that the European Patent Office granted a patent for this invention. She invited my attention to the original claims, the amended claims and the impugned order. With reference to the impugned order,